sure prosecutor waymire filed an indictment in 2010, but the name on that indictment was john doe not certain amount of time. like phone records. go back seven years. bank statements i think are six or seven years. so, like, you can't even try to go back to try, you know, prove your innocence or to prove things differently. and that's hard. >> hansen's lawyer argued the "john doe" indictment should be dismissed and the judge ruled an appellate court could hear that motion before the trial even got underway. a huge victory for justin hansen and a major setback for prosecutor david waymire who knew the "john doe" indictment was uncharted legal territory. >> although that had been done once before in new mexico in a different case, it had never actually gone up and been reviewed by the appellate courts to ensure that it was legally allowed. >> waymire had been concerned about the strength of the case all along, he'd even offered hansen a plea deal. but now, apparently emboldened by the judges ruling, hansen rejected the plea offer, hoping instead to have the entire case against him tosse